SBX-1 Bridge_JA_signed_redacted-1.pdf

J&A N3220524C4028 SBX-1 Bridge

CUI

CLASS JUSTIFICATION AND APPROVAL (J&A)

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Activity:

Department of the Navy, Military Sealift Command (MSC), Special Mission Program PM2/

N105C.

2. Description of the Action Being Approved:

Award of a bridge contract for operation and maintenance of the Sea-Based X-Band radar (SBX-

1) on an other-than full-and-open-competition basis to the incumbent contractor, TOTE Services

Inc. The period of performance will consist of a one-year firm period beginning 01 April 2024 to

31 March 2025, followed by one (1) six-month extension per FAR 52.217-8 Option to Extend

Services from 01 April 2025 to 30 September 2025. The requested 18 months is intended to cover the time needed to award a follow-on contract, conduct an adequate turnover, and address any unanticipated contingencies.

3. Description of Supplies/Services:

The original contract (N3220518C3101) provides for the Operation and Maintenance (O&M) of the SBX-l. The vessel is part of MSC’s Special Mission program, which supports worldwide oceanographic programs performing acoustical, biological, physical and geophysical surveys.

The SBX-1 provides Test Support services to the Missile Defense Agency and is a contingency component of the Ground Based Mid-Course Defense (GMD) element of the Ballistic Missile

Defense System (BMDS) for the U.S. Strategic Command (STRATCOM).

Under this J&A, the incumbent contractor shall provide for the stated period of performance, the same personnel billet fills, operational and technical support (ashore and afloat), equipment, tools, provisions, and supplies to operate the Government-owned vessels as in the current contract.

The total estimated firm fixed price value of this bridge action is $28,249,342.92. Pricing for this bridge contract includes the same items as priced in the current contract. The estimate is broken out by fiscal year as follows:

Estimated Dollar Value

1-Year Bridge FAR 52.217-8 Total Firm Fixed

Price

Total $18,646,430.97 $9,602,911.95 $28,249,342.92

4. Statutory Authority Permitting Other Than Full and Open Competition:

This justification is prepared under the authority of 41 U.S.C. 3304(a)(2), as implemented by

FAR 6.302-2(a)(2), Unusual and Compelling Urgency.

david.power Sticky Note Completed set by david.power

5. Rationale Justifying Use of Cited Statutory Authority:

In accordance with FAR 6.302-2 the agency may use procedures other than competitive procedures to limit the number of sources from which it solicits bids or proposals when: (1) an unusual and compelling urgency precludes full and open competition, and (2) delay in award of a contract would result in serious injury, financial or other, to the Government. Here, a sole-source bridge contract to TOTE is the only way to avoid unacceptable delays and prevent loss of vital national security capabilities.

The vessel operated under this contract performs a mission that is critical to national security.

This bridge contract must be awarded to prevent a break in these highly specialized services. The original contract (N3220518C3101) for the O&M of the SBX-1 vessel was competitively procured and awarded to TOTE Services Inc. on 15 August 2018. The current contract consists of a one-year firm period with, four (4) one-year options, and a six (6) month Option to Extend

Services. The contract is currently operating under FAR 52.217-8, Option to Extend Services, which is scheduled to conclude 31 March 2024.

The SBX-1 will continue this mission to provide services to the Missile Defense Agency in the foreseeable future, therefore the U.S. Government cannot afford a break in service; nor can the void created be met, filled or substituted with any other surface asset currently in the U.S.

Government inventory. Due to the nature of these special missions, MSC must award a bridge contract to ensure the continuity of service necessary for these critical national security missions.

An award of an up to 36-month bridge contract is required to evaluate and award the new follow-on contract.

A Plan of Action and Milestones (POA&M) Notional was created in February 2022 to identify tasks needing to be accomplished for the reprocurement of the SBX-1 contract requirement. It outlines a twenty-two (22) month process resulting in an estimated contract award date of 16

December 2023. In February 2022, MSC began the acquisition process of competing a Firm

Fixed-Price + Reimbursables with options contract to fulfil the agency’s need in a timely manner. Multiple planning sessions were conducted with the SBX-1 reprocurement team, a

Services Source Review Board (SSRB) was conducted where MSC’s Executive Director reviewed the requirement for this service acquisition and gave preliminary approval pending the receipt of the independent government estimate (IGE), and a Market Survey was posted to

SAM.gov (PM2-DOC-001), which yielded two (2) responses from potential offerors.

While attempting to adhere to the POAM, both MSC’s contracting department and Special

Mission Program suffered severe personnel changes resulting in a redistribution of work, and reassessed agency priorities. With the contracting department operating at just over 50% of the required employees to function effectively, there were competing priorities that contributed to additional delays. MSC recognizes that while their initial efforts to award a fully-competitive follow-on contract before the expiration of the incumbent contract was unsuccessful, this was due to unanticipated events, not a lack of planning.

As it currently stands, a new contracting team has been assigned to the SBX-1 reprocurement, the POA&M has been updated to reflect a RFP release date of 18 February 2024, closing 03

April 2024, and a new contract award date of 09 December 2024. MSC is optimistic this contract will be awarded in accordance with the stated timeline.

In the interim, the agency cannot accomplish its mission without the services provided by the

SBX-1. For the past five (5) years, the incumbent, TOTE Services, Inc. has provided ship officers and crews, operational and technical support ashore and afloat, equipment, tools, and supplies to operate and maintain the SBX-1. TOTE’s experience and knowledge will permit

MSC to continue to support the U.S. military and SSP efficiently.

The very distinct and specialized missions conducted by the SBX-1 ensure the safety and security of U.S. government vessels at sea, as well as homeland. Therefore, MSC must award a bridge contract to ensure the continuity of service necessary for the critical national security missions. If this extension is not executed, the U.S. Navy would be without the only surface vessel that can perform these sensitive undersea missions. Due to the critical nature and immediate urgency needed to fulfill the SBX-1 mission, MSC meets the requirements to limit full and open competition of this bridge contract by way of FAR 6.302-2 (Unusual and

Compelling Urgency). As stated, the incumbent contractor, TOTE Services, Inc, is the only source that can perform the mission without unacceptable delays in fulfilling the agency’s requirements. Therefore, limiting competition is the only way to ensure the SBX-1 continues to accomplish their national security directed missions.

While MSC acknowledges that other firms could potentially provide the services in the future, the requirements of FAR 6.302-2, Unusual and Compelling Urgency, are met, as no other firms could immediately perform all of the services provided by the incumbent causing unacceptable delay or worse, compromising the mission. MSC would also incur a substantial duplication of costs due to required training, crew familiarization, and ship turnover, if an interim award were made to anyone other than the incumbent. MSC has ascertained, through previous procurements, such as SBX-1, performing specialized missions will likely have longer transition phases mainly due to the delivery transition and turnover requirements set forth in the current contract’s

Performance Work Statement (PWS).

Therefore, upon review, MSC has determined that executing a bridge contract under FAR 6.302-

2, Unusual and Compelling Urgency, is the only reasonable course of action.

6. Description of Efforts Made to Solicit Offers from as Many Potential Sources as

Practicable:

The SBX-1 conducts specialized missions ensuring the safety and security of U.S. Government vessels at sea as well as the citizens who reside in the continental United States. MSC must award a bridge contract to ensure the continuity of service necessary for the critical national security missions.

For the reasons outlined in Section 5, TOTE is the only source capable of providing the required service without unacceptable delays in fulfilling the Government’s requirements for this bridge period. Therefore, due to the time constraints of the need to award before the current contract ends, and in an effort to avoid impact to the vessel’s mission, a notice was not publicized as required by FAR subpart 5.2.

7. Determination of Fair and Reasonable Cost:

Before award of the bridge action, the Contracting Officer will determine the rates to be fair and reasonable at the time of award.

8. Description of Market Research Conducted:

The following market research techniques were utilized:

▪ Contacting knowledgeable individuals in Government and industry regarding market capabilities to meet requirements, to include contacting Contracting Officers, Contract

Specialists, and project officers in other federal agencies and private industry (other users) to take advantage of the lessons learned in previous acquisitions;

▪ Reviewing the results of recent market research undertaken to meet similar or identical requirements;

▪ Formal requests for information, source sought synopses, draft statements of work and solicitations in appropriate technical or scientific journals, business publications, and/or in SAM.gov.

9. Any other facts supporting the use of Other Than Full and Open Competition:

All rationale is outlined in section 5.

10. List of Sources that Expressed Interest in Writing:

N/A

11. Actions to Remove Barriers to Future Competition:

The long-term SBX-1 O&M services requirement will be competed under a future solicitation, which will include competition.

CERTIFICATIONS AND APPROVAL

TECHNICAL/REQUIREMENTS CERTIFICATION

I certify that the facts and representations under my cognizance which are included in this

Justification and its supporting acquisition planning documents, except as noted herein are complete and accurate to the best of my knowledge and belief.

Signature Name (Printed) Phone No. Date

LEGAL SUFFICIENCY REVIEW

I have determined this Justification is legally sufficient.

CONTRACTING OFFICER CERTIFICATION

I certify that this Justification is accurate and complete to the best of my knowledge and belief.

DIRECTOR, CONTRACTS AND BUSINESS MANAGEMENT, MILITARY SEALIFT

COMMAND

HEAD OF THE CONTRACTING ACTIVITY APPROVAL, MILITARY SEALIFT COMMAND

Upon the basis of the above justification, I hereby approve, as Head of the Contracting Activity, the proposed procurement(s) described herein using other than full and open competition, pursuant to the authority of 41 U.S.C. 3304(a)(2), as implemented by FAR 6.302-2, Unusual and compelling urgency.